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Bava Basra 77b

בבא בתרא ע״ז ע״ב

Bava Batra 77b

Learn Bava Basra 77b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Acquiring a שטר and coins אגב קרקע, and what is included when selling a ship, a wagon or a yoke

Overview

The amud opens by finishing a challenge to רב אשי, who holds that a שטר cannot be handed over through words alone. Two משניות show that a שטר is acquired automatically once the buyer takes possession of land. The גמרא answers that acquiring along with land (אגב) is a special, powerful method. Even coins, which cannot be acquired through חליפין, can be acquired אגב קרקע, as a story about רב פפא sending money through רב שמואל בר אחא shows. The גמרא then explains that the אנתיקי left out of a ship sale is the merchandise on board. A new משנה teaches that a wagon and its mules, or a yoke and its oxen, are sold separately. It also brings a dispute: רבי יהודה says the price can show what was meant, and חכמים say it cannot. The גמרא settles a ברייתא that seems to contradict the משנה by setting it in a case where the mules are harnessed to the wagon. It then explains that the price dispute applies where the word צמדא can mean either the yoke or the oxen. The amud ends with a challenge to חכמים: if the price is not proof, the sale should be cancelled. That challenge continues on the next amud.

Opening lines

כְּאוֹתָהּ שֶׁשָּׁנִינוּ:

Like that which we learned:

כּוֹתְבִין שְׁטָר לַמּוֹכֵר

A document may be written for the seller

אַף עַל פִּי שֶׁאֵין לוֹקֵחַ עִמּוֹ.

even if the buyer is not with him.

כֵּיוָן שֶׁהֶחְזִיק זֶה בַּקַּרְקַע –

Once this one has taken possession of the land,

The steps (16)

  1. ChallengeTwo משניות show a document can be acquired along with land
  2. ResolutionAcquiring along with land is a special method
  3. Proofרב פפא transfers distant money through his threshold
  4. StatementReturning to the משנה about selling a ship
  5. QuestionWhat does אנתיקי mean?
  6. Responseרב פפא: the merchandise on the ship
  7. StatementSelling a wagon or a yoke does not include the animals
  8. StatementDoes the price show what was sold?
  9. StatementA ברייתא says selling the wagon includes the mules
  10. ChallengeBut our משנה says the mules are not sold
  11. QuestionShould I erase the ברייתא?
  12. ResolutionKeep the ברייתא: it is about mules tied to the wagon
  13. StatementBack to the yoke and oxen case
  14. ChallengeWhat case could they be arguing about?
  15. ResolutionA place where the word is used both ways
  16. ChallengeIf the price proves nothing, cancel the sale